JUDGMENT :

1. Heard learned Senior Advocate Mr. Kamal Trivedi with learned advocate Mr. Ravindra Shah for the petitioner and learned Senior Advocate Mr. Mihir Joshi with learned advocate Mr. Jay Kansara for the respondents.

2. Special Civil Application No.17081/2021 is filed by the petitioner society with the following prayers:

“(A) to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned judgment dated 18.10.2021 passed by the Gujarat State Co-operative Tribunal at Annexure-AB (Pages 396-422) to the petition in so far as it permits the respondents to make construction of ground + seven floors on sub plot 32/A of the petitioner society and the impugned award and operative part of the judgment dated 30.08.2019 rendered by the board of nominees, Amdavad in Lavad Suit 217/2017 at Annexure-S (Pages 251-275/B) to the petition and allow the Lavad Suit 217/2017 in toto by granting all the reliefs prayed for by the petitioner society;

(B) pending hearing and final disposal of the petition, to restrain the Respondents, their agents, assigns, servants, whosoever etc. from carrying on erection or execution of construction of whatsoever nature in Sub-Plot 32/A of the Petitioner Society;

(C) pending hearing and final disposal of the petition, to stay the further execution, implementation and operation of the impugned judgment dated 18.10.2021 passed by the Gujarat State Cooperative Tribunal at Annexure-AB (Pages 396 422) to the petition and the impugned award and operative part of the judgment dated 30.08.2019 rendered by the board of nominees, Amdavad in Lavad suit 217/2017 at Annexure-S (Pages 251 - 275) to the petition;

(D) pending hearing and final disposal of the petition, to extend the stay order dated 18.102.2021 passed by the tribunal at Annexure- AB (Pages 396-422) to petition;”

3. Special Civil Application No.21824/2019 is filed with the following prayers:

“(A) to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction setting aside the impugned action of the Respondent Authorities in approving the plan submitted by the Respondents 3 to 5 and grant of commencement letter dated 13.04.2017 to be ultra vires, illegal and without authority of law and direct the Respondents to cancel/revoke/recall the said Plan and commencement letter at Annexure-A (Colly) to the petition;

(B) to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction prohibiting the Respondent Authorities in accepting or approving any plan of Flat-Type or non-residential construction or in the nature of having superstructure construction of more than Ground plus Two Floors from the Respondents 3 to 5 or from any other person and granting construction permission for any Sub-Plot situated within the Petitioner Society;

(C) to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents Authorities, officers, assigns, servants, etc. to remove the construction of existing superstructure erected by the Respondents 3 to 5 on Sub-Plot 32/A in the Petitioner Society and to remove the Respondents 3 to 5 to from the premises of Sub-Plot 32/A in the Petitioner Society:

(D) pending hearing and final disposal of the petition, to restrain the Respondents 3 to 5, their agents, assigns, servants, etc. from carrying on erection or execution of construction of whatsoever nature in Sub-Plot 32/A of the Petitioner Society;

(E) pending hearing and final disposal of the petition, to direct the Respondents 1 and 2 to forthwith stop the Respondents 3 to 5, their agents, assigns, servants, etc. from carrying on erection or execution of construction of whatsoever nature in Sub-Plot 32/A of the Petitioner Society;”

4. Brief facts of the case are that petitioner- Yogashram Cooperative Housing Society Ltd. was registered on 11.01.1962 under the Bombay Cooperative Societies Act, 1925